POYRAZ CAN
ADANA - The trial of seven members of the Workers' Party of Turkey (TİP) accused of "insulting the President" commenced today in Adana. These charges stem from a press statement made two years ago, addressing the hardships caused by the economic crisis.
The inaugural hearing of the case, which includes TİP's Adana provincial chair Hakan Çayan among the defendants, took place at the Adana 35th Criminal Court of First Instance.
The Adana Public Prosecutor's Office initiated an investigation based on a complaint by the police regarding the press declaration of TİP members on November 28, 2021, approximately two weeks after the statement was made.
In the indictment, the prosecutor's office highlighted several statements made during the press release, including phrases like "A handful of thieves living in the palace," "gangsterized mafia power," and "calling thieves thieves has become a crime in this country."
Furthermore, the indictment included remarks such as "The fact that the man who said 'all my wealth is this ring' now has incredible wealth is an indication of theft in our opinion! Again, the words of the same man, 'If you hear one day that Tayyip Erdoğan has become rich, you should know that he has eaten haram,' indicate a great crime compared to today." Additionally, slogans such as "Everywhere is a crisis, everywhere is poverty," "The government resigns," "The day will come when AKP will answer to the people," and "This people will hold the thieves to account" were considered elements of the "insulting the President" crime.
The indictment seeks sentencing under Article 301 of the Turkish Penal Code for Hakan Çayan, who read the press statement, as well as Berka Alıcı, Bülent Sunar, Gürcan Turşak, Hasan Basri Çiçek, Selya Alıcı, and Halil Kölecioğlu, who shouted slogans.
"We drew attention to the economic crisis"
Berka Alıcı, Bülent Sunar, Gürcan Turşak, Hasan Basri Çiçek, Selya Alıcı and defense lawyers Ümit Büyükdağ, Ahmet Faruk Ulaş and Özgür Çetinkaya attended the first hearing of the case today.
In his defense, Çayan, on trial for reading the press statement, said that he has been working at a fuel station for more than five years for minimum wage and cannot make a living like 70 percent of the country. Stating that the statement drew attention to the deepening economic crisis in the country, Çayan said, "The fact that I say the words that millions of people say out loud in a press statement is a subject of a charge here. I don't understand it yet and don't think I will."
Critiquing the prosecutor's interpretation of the statements in the press release as insults, Çayan defended his political criticism and stated, "I made my political criticism; if there are those who perceive what I said here as insulting the President, I think they should be sued for insulting the President."
He argued that the statements within the press release did not directly insult the President's office but were expressions of political criticism. Çayan maintained that the accusations against them included charges of slander, blasphemy, words, and statements that damaged honor, dignity, and prestige, as well as insults aimed at provoking war, discrimination, hostility, and war. He identified himself as a member of the Workers' Party of Turkey and a human rights activist, asserting his right to criticize the government as a citizen. He rejected all accusations made against him.
Other defendants, namely Alıcı, Sunar, Turşak, and Çiçek, who were on trial for shouting the slogans mentioned in the indictment, denied the charges. They argued that the slogans were political criticism rather than direct insults to the President's office.
Lawyer Özgür Çetinkaya noted that the press statement contained a sentence quoting the President, and the critical statement in question was the President's own words. He argued that there was no direct accusation of theft against the President, and the elements necessary for the insult offense were absent. He further contended that the other sentences in the press release amounted to criticisms aimed at the government.
Lawyer Ahmet Faruk Ulaş emphasized that the press statement fell within the scope of freedom of expression, asserting the constitutional right to criticize the general economic situation and the administration. He defended the right of citizens to express criticism. He suggested that if institutions were refraining from holding thieves accountable, such institutions should face consequences rather than expressing criticism.
Lastly, defense lawyer Ümit Büyükdağ stated that Hakan Çayan, who read the press statement, was the provincial chairman of the Workers' Party of Turkey, emphasizing that political figures often engaged in robust criticisms against other political identities.
The court sent a request to the Istanbul 17th Criminal Court of First Instance to take the statement of Kölecioğlu, who did not attend the hearing and adjourned the hearing to November 16, 2023.
